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08-14-1975 - Regular . . Tape 1 Side A 25 min. Tape 1 Side B o min. o <.) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD AUGUST 14, 1975 The Regular meeting of the City Council of the City of Edgewater was called to order at 7:30 P.M., August 14, 1975, by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale N. Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Eolice Chief George R. Katez Present Present Present Present Present Present Present Present Excused INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cairnie made a motion that the minutes of the regular meeting, June 26, 1975 "be approved, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Lodico and Councilman Sikes voting NO. Councilman Cairnie made a motion to approve the minutes of the regular meeting, July 24, 1975, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance voting NO, because he was not present at the meeting. PROCLAMATION Mayor Severance read a Proclamation setting the week of August 18 through August 24 as "Hibiscus Week". BILLS AND ACCOUNTS Councilman Lodico made a motion to pay the bills, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. COMMUNa:Ci:ATIONS City Manager Bryant read a memorandum from the Zoning Board recommending that Mr. Rotundo be allowed to build a home on each of his three lots in Silver Ridge, and also recommending that Ordinance # 880 be changed to reflect that where an es- tablished subdivision has 51% of the lots developed, the re- maining lots be developed in a like manner. Councilman Cairnie made a motion that the recommendation of the Zoning Board be accepted, being seconded by Councilman Lodico. o ~ Councilman Sikes quest~oned whether this includes the second part of the recommendation? Mayor Severance stated that this motion shoulG pertain solely to Mr. Rotundo's request to build on his lots, contingent upon the amendments being adopted later on during this meetiag. The above motion and second were withdrawn. 5 min. Councilman Cairnie made a motion to accept the recommendation allowing Mr. Rotundo to build on his lots contingent upon the amendments being adopted later during this meeting, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant read another memorandum from the Zoning Board in regard to Mr. Gene Harris's lot. City Attorney Weaver stated that this is a variance problem and should go through the Board of Adjustments. Councilman Lodico made a motion that this be referred to the Board of Adjustments to take care of, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion to instruct the City Attorney to draw up the changes in Ordinance 880 to go along with the recommendations of the Zoning Board, being seconded by Council- man Cairnie. Upon roll call vote said motion CARRIED. At this time there was some discussion in regard to the change to be made in regard to the displaying of merchandise outside of businesses. 10 min. Councilman Dietz made a motion to instruct the City Attorney to made an amendment to Ordinance 880 to reflect that we will issue permits on B-5 Zoning to allow display of merchandise outside of a business so as not to cause a nuisance or an eyesore, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant re~d a request from Mr. Corbett Smith for a junk yard or automobile grave yard. City Attorney Weaver stated that this property is zoned 1-2 and there is no permitted use or special exception for a junk yard The man will have to go before the Zoning Board about this. Councilman Cairnie made a motion to deny this request, beiag seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. RESOLUTIONS 15 min. City Attorney Weaver spoke to the Council in regard to hiring a City Judge, stating that there are two Ordinances in the City of Edgewater which states that we should not hire anyone after the age of 65. He also stated that it is a Federal Law that all judges shall be asked to retire at the age of 70. Councilman Cairnie asked if we could hire this man on a contract basis and get away from the Ordinance that way? City Attorney Weaver stated that this could be possible. -2- 25 min. Tape 2 Side A o min. Tape 2 Side A 5 min. 10 min. 15 min. 20 min. o o Mayor Severance asked the City Attorney if he would research this. There was more discussion in regard to this. City Manager Bryant read from the results of a Special Referendum of 1967, which amended Special Acts of 1951: 'There is hereby established in the City of Edgewater a Municipal Court to be known as the Municipal Court of the City of Edgewater, etc. The City Council shall have the power to appoint an attorney at law who shall be a graduate of an accredited law school as municipal judge.' City Attorney Weaver stated that in regard to the F.R.A. Bond Resolution, we need to established what Bank we would like to have as depositor for the funds which we have come in on this particular bond. Councilman Dietz stated that he would like to have a report from Rick Fernandez as how we stand before we go into this. City Attorney Weaver began reading from the Resolution: After discussion in regard to this, Councilman Dietz made a motion that the Southeast Bank of New Smyrna be the depositor for the funds from this bond, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. At this time Rick Fernandez gave a brief report on the pro- ceedings of the plants. He stated that the plans which were presented to the City Council on May 1, 1975 remain in the complete state. Re stated that the Water Plant is a 1.5 million gallon per day facility. The Sewage Treatment Plant is a 1 mil- lion gallon per day facility. Mr. Fernandez explained why there will be less pressure on the pipes after the new plant is finished. Councilman Lodico asked Mr. Fernandez if this new expansion is going to improve the water condition. Mr. Fernandez answered that it will Councilman Dietz asked if it would be a good move for the City of Edgewater to sell their water to the County and let them handle the maintenance? Mr. Fernandez stated that if the rates were set properly to pDotect the citizens and impact fee considerations were given the City could benefit greatly from this. There were various questions from the audience which Rick Fernandez answered. Mr. Taylor questioned City Attorney Weaver that if the bond resolution was adopted tonight does that mean that you are authorized official grounds? City Attorney Weaver read from the Resolution, stating that this authorizes us to go ahead for validation. Mr. Armstrong spoke to the Council referring to the new Water Plant. -3- o o Tape 2 Side A o min. Mr. Fernandez spoke that there will be no other grant money available for the Sewer Treatment Plant Councilman Dietz asked Mr. Fernandez if it would be a good idea if we could enter into an agreement with the County? Mr. Fernandez answered that it would, and he explained further about the impact fee. City Attorney Weaver read Section 119 from the City Charter. He also read Section 22, both sections referring to issuance of bonds. Mr. Taylor stated that this should be put up for the electors of the City to vote on. City Attorney Weaver was asked to read the Resolution RES. NO. RESOLUTION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA: AUTHORIZING THE ISSUANCE BY THE CITY OF NOT EXCEEDING $700.00 WATER AND SEWER REVENUE BONDS TO FINANCE A PART OF THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM CERTAIN MUNICIPAL EXCISE TAXES, AND ALL MONEYS OF THE CITY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSE, TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS. City Attorney Weaver read this Resolution by title only. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Lodico. Mr. Armstrong asked the Mayor a question about this. 10 min. Mayor Severance stated that this means we are pledging the nettrevenue of the system, certain municipal taxes and all monies of the City derived from sources other than ad vorem taxes and legally available for such purposes secure payment of the principal of and interest of the bonds. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. ORDINANCES: None OLD BUSINESS: City Attorney Weaver stated that Mr. Cartee brought certified copies of all the documents necessary. Councilman Lodico made a motion to grant Government Builders a building permit, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. There was some discussion in regard to the air conditioning for the Civil Defense room. -4- u v Councilman Sikes made a motion that we authorize the City Manager to have the air conditioning unit repaired not to exceed $80.00, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 20 min. Councilman Dietz made a motion that we instruct the City Attorney to make the necessary preparations to change the portion of the Ordinance which reflects the sewer impact fee where $75.00 will go to the impact fee and the other $75.00 will go to the connection, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. NEW BUSINESS: There was discussion as to whether it is a good idea to pay overtime to keep voter registration office open on Saturday in September. The City Clerk explained that the registration office will be open until September 29th. 25 min. Mr. Armstrong spoke to the Council that there may be a change made in this, and Mrs. Odum can be contacted about this. Councilman Cairnie made a motion that we do not pay overtime to keep voter registration office open, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Tape 3 Side A City Manager Bryant spoke to the Council in regard to line extension rebates, and a reguest which was made by Mr. LaBonde. An Ordinance was passed to delete refunds prior to Mr. La Bonde's request. Councilman Cairnie made a motion that Mr. LaBonde's request for refund on water line extension be denied, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. City Manager Bryant read a report from Mr. Alex Thompson on the Summer Recreation Program-. Councilman Cairnie stated that he feels a letter of appreciation be written to Mr. Thompson from the City Council. Councilman Cairnie made a motion that we have budget workshops on August 18, 19 and 20 at 7:00 P.M.in the Community Center, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. City Manager Bryant spoke to the Council about the County Council meeting which he attended. MISCELLANEOUS: 15 min. Mayor Severance stated that a letter should be written to the County Council stating that we are opposed to the Ordinance No. 75 and we also would like to know when this matter comes up again. Mr. Christy spoke to the Council that he is having trouble with the generator, and with the hurricane season approaching he would like to be able to repair this. Councilman Dietz made a motion that we authorize the City Manager to contact the gentleman to come down and we will pay him for the time to give us an estimate, then Council- man Dietz stated that he would like his motion to be to in- struct the City Manager to allow this generator to be repaired the cost not to exceed $300.00, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Lodico and Councilman Cairnie voting NO. -5- -U o There was more discussion about this generator. 25 min. Councilman Dietz made a motion to adjourn being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell M:Z ~ (~r"r# . ?'; :;4 '--Counc ilman. I ATTEST: ;~e~ 1:.J-:) Approved this ~!l day of -6- ~ ~ ~' J:;- L . '. J . -". I ' . GENERAL FUND City of Edgewater WW & SS Florida Power & Light Southern Bell City Auto Edgewater Electric Standard Oil Scotty's Time~Cards of Fla. Public Gas Xerox Corp. The 'Wicks Corp. Ward LaFrance Truck Corp. Burns Janitor Service Co~nty of Volusia City of New Smyrna Orkin Ext. Co. Dwight's Vii 11 i am Wel di ng Safeguard Business Systems West Publishing Magno 1 i a r~otor Pratt's Radiator Service Action Rental & Supply New Smyrna Chrysler-Plymouth W.H. Brady Co. Joseph E. Weaver M. Woodrow Tucker Industrial Office Outfitters New Smyrna Beach News Diversified Electronics NSB-Edgewater Humane Society State of Fla. D~pt. of Comm. TOTAL GENERAL FUND WATER & SEWER DEPT. City of Edgewater WW & SS Southern Bell Florida Power & Light Edgewater Electric Burroughs Corp. National Chemsearch Dobbs Armature & Pump Service Pitney-Bowes ~10rri 11 ~~otors Nolco Chemicals, Inc. New Smyrna Plumbing Allied Chlorine & Chemical Hughes Supply u o BILLS AND ACCOUNTS AUGUST 14, 1975 DEPT. AMOUNT 15.95 573.74 296.64 11 2. 06 19.20 1,290.14 2.49 32.35 13.92 135.00 42.97 10.00 35.58 1,035.42 114.00 114 . 00 19.53 21 .13 14.25 45.00 56.22 6.00 5.00 9.67 229.90 245.00 28.73 66.25 2.80 157.88 150.00 228.84 5,129.66 St., P.O., Fire Dept Rec.,Fire,C.D.,C.C., Garage, City Hall Gen. Govt.,Fire Dept.,Ball Park Street,Garbage,Police Dept. Comm. Center Gen. Ledger Comm. Center Gen. Govt. Misc. St. Dept. Gen. Govt. Street Fire St. ,Upkeep Building Insp. Police Dept. Comm. Center Prop Management Street Gen. Govt. P.O. Street, Garbage Street Recreation P.O. Prop. Mgmt City Attorney Mileage Gen. Govt. & Prop. Management Gen. Govt. F.D., C.M. ,P.W. ,C.D. ,P.O. Humane Society Gen. Govt. Misc. Sewer Sevier Sewer & Water vJater & Sewer Water & Sewer Water Sewer Water & Sewer Sewer Sewer vJater Water & Sewer Water 6.60 21.15 1,831.69 9.21 27.00 103.00 114 . 00 30.00 20.00 156.75 .75 694.00 284 . 1 5 TOTAL Sampley Enterprises Motorola, Inc. New Garage-Final Payment C.D. ,P.O., (~of this to be reimbursed to City by Fed. Govt. 3,298.30 480.00 10,495.00